This is the first in what will be a series of articles posted on this web site, to answer the question, “what happens after my lawyer accepts my serious personal injury case?” By the end of the series, I hope that every reader will understand all the various steps in personal injury litigation, from the routine to the creative. I will discuss certain basics that occur in every well-prepared personal injury case, as well as different aspects of various categories of personal injury litigation. My focus in this series is on personal injury cases arising out of death, or life-altering injuries.

As the title suggests, this first installment discusses the investigation that must take place before a lawsuit is filed. The personal injury lawyer’s first task is to obtain as much relevant information as possible from his client. Preliminary information requested will be extensive and will include such subjects as the client’s educational and vocational history, marital and family background, criminal history or lack of it, other litigation filed or defended, including bankruptcy, divorce or child custody matters, medical history, military service, hobbies and activities, and any unique aspects of the client’s life and background.

The client will be questioned closely about everything he may know about the incident giving rise to the case. In an automobile accident case, the plaintiff’s lawyer will generally want to know everything that the client did from the time he awoke until the moment of impact – and after if the client was conscious. It will be essential to know if the client had used alcohol, drugs, or prescription medications, as well as knowing if anything he did or failed to do, may have contributed to the accident. Names and contact information of anyone who may have any useful observations or information, will be obtained.

In a wrongful death case, an understanding of the deceased’s relationship with his or her spouse and children will be essential. If the decedent is known to have suffered before death as a result of the defendant’s negligence, the details will need to be explored. Plaintiff’s lawyer may want to speak with other family members or friends who can shed light on the decedent’s importance to his family. Under Massachusetts law, the anticipated financial contribution of the deceased, had he lived, to the estate, is an important element of damages. Thus, the decedent’s employment, income, expenses, savings and investment history will be important information. In a construction accident case, the plaintiff’s lawyer will learn his client’s experience and training, and familiarity with the equipment or location involved in the accident. In short, there cannot be too much information obtained from the client, that may aid in the prompt and thorough pursuit of the case.

While the legal principles applicable to many personal injury cases, even serious ones, are straightforward, there are times when early legal research will be important. A careful lawyer will confirm his recollection of applicable law, with research, in all but the simplest of matters. More complex legal issues may include the precise standard of care in medical or professional malpractice cases, including the most recent appellate court pronouncements. Other issues may include elements necessary to “pierce the corporate veil,” when a fiscally viable, insured corporation, tries to claim that a subsidiary shell corporation was responsible for plaintiff’s injuries. Researching potential evidentiary issues at the earliest point in the case, may also assist in preparation throughout the case. Of course, other legal issues may arise as a case progresses.

Additional pre-suit investigation may include the use of private investigators to obtain witness statements, photographers for pictures of the scene, and experts to educate the plaintiff’s lawyer about the mechanics, medicine, or standards of care the defendants in the case were obligated to meet. Internet, periodical and book learning can be invaluable and are relatively inexpensive. Although there are often many surprises and necessary adjustments to make in the course of a lawsuit, thorough pre-suit preparation can make the initial post-lawsuit preparation more fruitful and efficient.

Next: The Complaint, service of legal process, and paper discovery.